With 11,000 sheep, 113,000 hogs, 118,000 cows, 700,000
turkeys, and a whopping 15.4 million chickens, the Fraser Valley
is home to one of the densest concentrations of farm animals in
North America, and it's tops in Canada. This is no accident. The
valley's rich floodplain soils have lured farmers for well over a
century. And with Greater Vancouver's steady population growth,
countless opportunities exist to market meat and dairy products
to consumers right next door.
But when mountains and a mighty river hem in large numbers of
livestock, problems are inevitable. Where do the masses of manure
produced by those legions of animals go? The answer can be
gleaned by taking a drive on the side roads outside the valley's
rural communities. Before long you may spot a dense, yellow-brown
fog obliterating the sky above a field. Slicing through the fog
will be a thick liquid column of water and manure, sprayed under
high pressure. The theory--reasonable when the weather is dry and
not too much is applied--is that this soup will enhance crop
growth by returning nutrients to the soil.
Spraying manure is one of the few economically viable disposal
options for farmers. But it is risky and forbidden during wet
winter months. Serious waterborne-disease outbreaks in North
America in recent years--including Walkerton, Ontario--were
linked to pathogens in animal waste. It could easily happen in
the Fraser Valley. In places, aquifers are just a metre
underground. No protective clay layer separates them from the
surface, resulting in a creeping contamination.
For years, one of the few people stopping area farmers from
polluting was a Ministry of Water, Land and Air Protection
employee named Bev Anderson. Throughout most of the 1990s and
early 2000s, Anderson, a "compliance and enforcement technician",
fearlessly defended the public interest. When farmers broke the
law, she told them. In nine years, Anderson's work saw 109 Fraser
Valley farmers issued cleanup orders. Many more doubtless would
have been issued had Anderson's efforts not rankled her political
bosses. Today, Anderson is no longer a public servant. In her
absence, there has been almost a complete collapse in enforcement
of antipollution laws in the valley. More troubling, in the
Surrey offices where Anderson once worked, two other long-time
public servants, both vigorous defenders of the environment, are
also conspicuously absent. No one's stepping in to fill the void.
As a Georgia Straight investigation shows, some public
servants are paying a steep price for looking after our water,
land, and air. Their disappearance, a respected university
professor says, is a powerful signal of just how low a priority
the environment is for the current government. Or is it something
more: a deliberate attempt to silence those who dare to question
development's costs?
BEV ANDERSON was about as dedicated a public servant as one
could find. She wasn't afraid to confront farmers for failing to
live up to regulations, even when it brought her into conflict
with relatives of John van Dongen, MLA for Abbotsford-Clayburn
and provincial Minister of Agriculture, Food and Fisheries. She
was constantly identifying offenders, whoever and wherever they
were.
Dick Roberts, who recently retired and was briefly Anderson's
most senior boss at the Ministry of Water, Land and Air
Protection, says he had "the greatest admiration" for Anderson.
"She worked assiduously. She really did. And she regarded it as
her territory. She was actually very possessive about it. She'd
drive in from--where did she live?--Chilliwack, checking things
on the way in and [on] the drive home from work."
Ray Robb, the man responsible for signing the dozens of
pollution-abatement and
-prevention orders that Anderson prepared, concurs. "Bev was
certainly very diligent. She didn't limit herself to the hours
she was paid to do her job."
But when the farmers who were investigated received the
orders, it was "just like a red flag to a bull", Roberts says.
And as quickly as bulls charge a matador's cape, Roberts says,
Fraser Valley farmers were on the phone to their MLAs, including
van Dongen.
Mohammed Alam, who took early retirement from the ministry two
years ago and who worked as a public servant for 35 years, was a
colleague of Anderson's. He says the complaints from local MLAs
began under the NDP and grew under the Liberals. "There was some
political interference with her job by the MLAs, by the local
MLAs in the Abbotsford area," Alam tells the Straight.
"The farmers were complaining. There was going to be some major
financial problems for them.... They had to spend more money to
store the manure or to get rid of the manure."
In a telephone interview from her new home in Yellowknife
where, she quips, "I'm about as far away from dairy farmers as I
can get," Anderson says the political pressure culminated in a
meeting at the Ministry of Agriculture's offices in Abbotsford in
November 2001. "Right at the beginning of the meeting, Dick
Roberts, who was chairing it, got up and he looked at me and he
said: 'Well, Bev, you might as well know why we're meeting.' He
said: 'The minister of agriculture has asked our minister to fire
you.' Just like that."
Whether or not he used those exact words, Roberts does not
recall. But he does say that there was no doubt that there were
"repercussions at the political level" as a result of Anderson's
work. He added that the purpose of the November meeting "was to
review the political concerns about the way the program was
operating. We needed to break past the impasse between the
farming industry in the valley and the regional office."
Anderson never was fired, but like thousands of public
servants in the past three years, she received notice that her
position was being eliminated as a result of the B.C. Liberal
government's Service Plan Review. The end result has been an
88-percent decline in the issuance of pollution-prevention orders
to valley farmers. That gap would be greater still, Anderson
says, had the political heat not been turned up and her every
action scrutinized in her last five months on the job. "I had to
explain every single step that I was doing out in the valley,
which was taking up a lot of my time. I wasn't able to do my job,
and it was really, really, really stressful. Plus, I was getting
threatened out in the field. It was dangerous trying to do
[enforcement work with] the dairy farmers," she recalls. "There
were threats of gun-shooting. I even had to phone the RCMP on one
incident."
AMONG ANDERSON'S LAST investigations was one spearheaded by
pollution-prevention
officer Wilbert Yang, now with the Greater Vancouver Regional
District. The file is noteworthy for many reasons. One, it
involved industrial waste trucked to valley farms for
disposal--including waste from the chicken-processing industry.
Two, a subsidiary of the waste company involved ran afoul of
environmental laws in Ontario. Three, of the nine farmers
investigated, two were related to van Dongen: one a brother, the
other a brother-in-law. Four, a third of the farmers investigated
spread the toxic waste without getting approvals. And five, after
months of investigation only two farmers were fined. Both were
ticketed $575, an amount that one former government employee
familiar with the file calls "embarrassing", considering that the
farmers reported that they were to be paid $100 for each of the
numerous truckloads of waste they received.
(Questions on the investigation and Anderson's subsequent
departure were submitted to the offices of both van Dongen and
the former Minister of Water, Land and Air Protection Joyce
Murray. Both declined to be interviewed for this piece.)
The investigation began in 1999 after a fire, estimated to
have done $12 million in damages, destroyed much of a
facility--owned by Langley-based Thermo Tech Technologies--on
Mitchell Island in Richmond. The company's business plans called
for it to gather waste from food-processing plants, supermarkets,
restaurants, and various other unnamed "organic waste sources"
and place it in large vats, where a bacteria would break down the
waste. The bacteriological activity would generate heat that
would kill any pathogens, at which point, the company claimed,
the waste could be used to enhance farm soils. Before its plans
turned to embers, Thermo Tech's Richmond Bio Conversion facility
was pursuing the idea of turning waste into pellets that would
then be fed to farm animals.
According to reports in the Hamilton Spectator, Thermo
Tech started operating a similar facility in Hamilton, Ontario,
in 1995. The plant closed in 2002. A year earlier, the company
illegally dumped "fatty liquids" into a local creek, breaking not
only the law but also the company's stated intention of
"alleviating the burden of pollution on the world". It was
convicted and fined $10,000 under Ontario's Environmental
Protection Act and was subsequently investigated for discharging
diesel fuel into a sewer line leading to the same creek.
Freedom-of-information requests show that prior to the
Richmond Bio Conversion fire--and accelerating after the blaze
when large amounts of stored waste were not incinerated and had
to be disposed of--nine Fraser Valley farmers accepted material
from the facility without provincial authorizations. In total,
149 truckloads were delivered. Most of the more than 2.35 million
litres of material appears to have been in the form of a highly
acidic, orange-brown sludge that was emptied into large pits
already filled with manure.
The farmer receiving the most material was Jim Hessels, John
van Dongen's brother-in-law. Another van Dongen relative, brother
Jim van Dongen, accepted 13 truckloads of the material.
Internal government memos obtained by FOI requests show that
Hessels accepted 55 truckloads of waste and that it was delivered
both to his property at 4844 112th Street in Delta and to a
leased farm across the street owned by Jack van Dongen, another
brother of the agriculture minister. Written entries in the files
dated September 23, 1999, show that on a visit to Hessels's farm,
investigators noted that Richmond Bio Conversion's waste was
"spread on land directly and it burned the grass". Investigators
surmised that high oil and grease content in the waste "could be
[the] reason for the burning grass".
Samples of the waste were collected and sent to a laboratory
for analysis. The results were later reviewed by both the
provincial Ministry of Agriculture and the environmental-impacts
section of the then--Ministry of Environment, Lands and
Parks--predecessor to Water, Land and Air Protection. An FOI
request revealed that those reviews concluded the waste could
have "potential impacts to plants, livestock and aquatic
organisms", and for that reason it should "not be placed on
agricultural soils or near surface waterways".
The revie ws concluded that, among other things, the waste was
unduly high in oils and greases that could smother water bodies.
The oils included both waste cooking oils and, curiously,
petroleum hydrocarbons--not the sort of thing that ought to be in
processed food waste. It also contained mercury at concentrations
almost seven times higher than background levels. Boron, which at
elevated concentrations can be toxic to plants, was detected at
levels 28 times higher than those recommended for irrigation
purposes. And ammonia readings were up to 134 milligrams per
litre, nearly seven times over the "acutely toxic" threshold of
20 milligrams per litre for marine organisms.
The presence of the hydrocarbons, in particular, meant that
the sludge was far from benign and should have been classified as
"special" waste. Special is the euphemistic word that
provincial environment officials use to describe wastes that are
considered toxic or hazardous. Wastes classified this way require
anybody handling them to have permits from the provincial
government before the materials are moved, treated, or disposed.
Violations of such rules can result in prosecutions and stiff
financial penalties.
Investigation notes show that Hessels was a primary focus, in
part because he received the most waste, and also because he was
told not to spread the material, spread it anyway, and then
belatedly applied for the necessary permits--a request that was
turned down. The seriousness of his offence is noted in a May 9,
2001, letter sent to Nick Bower, Crown counsel at Delta
Provincial Court, by Fred Barnes, the provincial conservation
officer on the investigation team.
"Normally a discharge of this volume would attract a
substantially higher penalty," Barnes wrote--in other words,
charges and the setting of a court date. However, Barnes
continued, eight other farmers "were guilty of the same offence
but they involved lesser amounts of waste". Because those
offences resulted only in tickets being issued, "in the interests
of fairness" the government should be "consistent" and only
ticket Hessels. Barnes concluded by saying Hessels should receive
no less a fine than $575.
Despite calls for fairness and consistency, however, there was
none. As it turned out, only Hessels and a Langley farmer, Brian
Anderson, were ticketed $575. A third farmer, Mark Sprangers, got
off with a letter of warning. None of the other six farmers were
reprimanded. And neither the trucking company that delivered the
waste (A&A Anderson) nor Richmond Bio Conversion were
charged, even though investigators concluded that they could have
been "for aiding and abetting in an illegal activity". (In a
curious sidelight to events at Brian Anderson's farm,
investigators noted that he told them he was contacted directly
by former Richmond Bio Conversion president, René Branconnier,
about spreading the waste and that he did so but on Branconnier's
property in Langley. Branconnier and Thermo Tech Technologies,
the company he also headed as president and chair, would later be
the subject of an unflattering report on wildly fluctuating stock
values by Vancouver Sun business reporter David
Baines.)
The low fines in the Richmond Bio Conversion investigation
left one former ministry official familiar with the file
decidedly unhappy. The official requested anonymity. Although it
is unclear whether or not the farmers actually received $100 per
truckload for the waste they accepted, their expectation was that
they would get paid, the official said. Even for the two farmers
who were penalized, the amount of money they anticipated in
dumping fees--a combined $6,400--far outweighed what they paid in
fines.
For his part, Hessels says he accepted the waste from Richmond
Bio Conversion, believing it was reasonable to use as a soil
enhancer. He says he never accepted any money for the waste,
contested the ticket in court, and ultimately the charge was
dropped.
In Ontario, provincial government officials have been
decidedly more aggressive in recent years in dealing with farmers
who casually spread industrial wastes on their lands. In January
of last year, two Hamilton-area farmers--John Pittens and
Johannes Pittens--were each found guilty of illegal
waste-disposal activities by Ontario's Court of Justice. The
first was fined $2,500 for spreading a "pinkish" liquid on his
land. The farmer earlier told investigators he would have fed the
sugar-laden material from the nearby Cadbury plant to his cows
had it not been so runny. The other farmer was fined $1,500 for
dumping "liquid organic waste" from a nearby Hostess Frito-Lay
facility after he spread the waste from the snack-food
manufacturer onto his corn field.
In both cases, the waste in Ontario was far less toxic than it
was in B.C., yet the outcome in B.C. was little more than "a slap
on the wrist", the official said. "For the effort we put into it,
it's kind of embarrassing."
HAD PROVINCIAL GOVERNMENT employees not intervened in the
Richmond Bio Conversion dumping fiasco, chances are the
industrial waste would have been mixed with masses of manure and
spread on farmlands outside of Abbotsford, Chilliwack, Delta,
Langley, and Pitt Meadows.
Government files show that throughout the valley many farmers
had routinely broken a host of agricultural and environmental
laws involving storage and spreading of manure. The biggest worry
was that contaminants in the manure would pollute aquifers as
well as local streams, sloughs, and river channels during periods
of heavy rainfall. And it fell almost entirely to Anderson to
deal with the issue.
Anderson says her monitoring and enforcement work was made
more difficult by the improper attempts some farmers made to
cover their tracks. Spraying manure is easily detected--in
daylight. But spraying sometimes occurred at night. And farmers
clandestinely employed other disposal methods, including
injecting manure a third of a metre into the subsoil.
"It was really difficult to see," Anderson recalls, "or they
would have a manure spreader and right behind it a cultivator.
And in some cases, they would do that at 10:30 or 11 o'clock at
night." In order to catch some of the more deceitful farmers,
Anderson and a conservation officer sometimes had to resort to
hiding in the bush in the dead of night. With the evidence
gathered, formal charges were sometimes laid and court dates set,
at which point the farmers usually pleaded guilty and were fined.
Some of the fines ran as high as $5,000 and $10,000.
One pollution-prevention order prepared by Anderson and issued
to a dairy farmer in the winter of 2000 gives insight into the
kind of thing that provincial environmental officials were trying
to stop. The order issued to Egbert and Agnes Eisses, owners of
Fazenda Holstein Ltd. in Sardis, required the couple to hire "a
qualified professional experienced in the field of environmental
assessment" to come up with a detailed plan showing how manure
would be disposed of safely.
The plan required a study of groundwater contamination in and
around the farm as well as an inventory of where water from the
farm moved during periods of heavy rainfall. The Eisses were also
required to show how much manure their cows produced and where it
was being stored. There were also requirements to show where the
farm's "milk parlour discharge" went, what feed additives and
supplements were used, and a huge host of soil tests. The
soil-test requirements included tests for phosphorous, ammonia,
nitrogen, potassium, and metals.
The groundwater evaluation would have cost at least $10,000,
says Hans Schreier, a soil scientist with UBC's Institute for
Resources and Environment. Schreier, who knew Anderson and called
her "one of the few people who was trying to enforce things" in
the Fraser Valley, continues to study how farming practices
result in the degradation of local water bodies.
"The Abbotsford aquifer, which is our biggest aquifer in the
valley, has obviously been a sore point for the past 25 years,"
Schreier tells the Straight. "Not much has been done to
improve it. It's not getting better; it's getting worse."
Nitrates in the manure are turning up in the aquifer, Schreier
says. Global health indices call for nitrate levels to be no
higher than 10 milligrams per litre of water. In the Abbotsford
aquifer, readings are "at least 15 or 20", Schreier says. High
nitrate levels in water can work their way into the food chain,
giving rise to concerns about methemoglobinemia, or blue-baby
syndrome, a phenomenon in which babies up to six months old show
signs of blueness, or cyanosis, in their lips and tips of their
digits. This is a sign that their blood lacks the ability to
transport sufficient oxygen, and it may, although rarely
nowadays, lead to death.
High nitrate and phosphate levels in waterways are also highly
problematic, particularly in winter, because they promote algae
growth, which can suffocate aquatic life by robbing the water of
oxygen. If the nitrates originate in manure--and, clearly, in the
valley they do--then water may also be contaminated with metals
such as copper and zinc, which are used as supplements in some
farm feeds. The metals may be good for chickens, pigs, and cows,
but they are harmful to fish and other aquatic species. And then
there's the whole range of pathogens found in manure.
E. coli, the bacteria that killed seven in Walkerton, is not
uncommon. As is Cryptosporidium, a single-cell parasite
responsible for waterborne-disease outbreaks in Chilliwack,
Kelowna, and Cranbrook in recent years. In the course of just one
day, a calf infected with the parasite can "shed" as many as one
billion cysts, each housing a hardy parasite. If this is not
enough cause for concern, the cysts can survive immersion in
household bleach.
In the absence of enforcement, Schreier says, these pollutants
will continue to pose a threat to human health and the
environment. And the source of those pollutants in places like
the Fraser Valley will likely continue to be farming
operations.
"We still treat farms as family farms and we still think that
farmers are conscientious and behave in a proper manner and don't
cause much harm to the land," Schreier says. "Given the
economics--which aren't very favourable--people cut corners. And
now, with the disappearance of people like Anderson, we have
virtually no enforcement. What we do now is tell the farmers to
regulate themselves. And that's a problem. It's this hen-and-fox
thing. If you put the fox in the hen house, well, you're going to
have problems."
With the change in government almost four years ago, a
profound shift in environmental regulation began. The new
approach, Schreier says, is deregulation. We tell the farming
industry and other enterprises such as forestry what the broad
objectives are and then we leave it up to them to determine how
best to meet them through "best management practices". It's a
"very contentious" approach, Schreier says. And it only works if
you have a vigilant, well-staffed, and well-funded public
watchdog.
With Anderson gone, Schreier says the entire province of
British Columbia--not just the Fraser Valley--is down to one
public servant working on manure-management issues. No matter how
vigilant that government employee is, he can't do the job. And
his political masters know it.
"Just go and talk to the people in Water, Land and Air
Protection....
They're probably down 40 percent over what they were five years
ago," Schreier says. "The ministry has been decimated to the
point where I don't think it can properly function. I don't think
that they have the capacity to do all the things that they are
supposed to do. Environment is the lowest priority for this
government."
WERE ANDERSON'S DEMISE the only instance of what appears to be
politically motivated removal of public servants from
environmental-watchdog positions, it would be an anomaly. But her
eyes are not the only ones absent, her voice not the only one
silenced.
One of Anderson's former office mates, Carla Lenihan, now sits
at home in Abbotsford, where she has been on long-term medical
disability for more than a year following a nasty departure from
the Ministry of Water, Land and Air Protection. Lenihan had
worked as a wildlife biologist for the province for about 10
years when she took the unusual but, she says, necessary step of
filling out an affidavit that the Sierra Legal Defence Fund filed
in the Supreme Court of British Columbia as part of an action to
halt logging. The affidavit outlined her concerns over the
threats posed to endangered northern spotted owls by the Fraser
Valley's largest independent logging company, Cattermole
Timber.
Lenihan says she finished an initial draft of the affidavit
with the approval of her immediate boss. But when she was done,
she says, others in her ministry and the Ministry of the Attorney
General got wind of it and told her not to sign it. Lenihan did
anyway, believing that she had a public duty to do so and that
she was doing nothing more than confirming what was already in
her written notes to her ministry, the Ministry of Forests, and
the logging companies.
In 2001, as the B.C. government readied to announce the layoff
of thousands of public servants, Lenihan says she was told she
was being transferred to the Ministry of Sustainable Resource
Management, where she would no longer be working on feathered
creatures of the endangered kind. "They told me they didn't want
me working on owls at all," Lenihan says. "And they told me to
remove every digital file from my computer and all the papers
from my files involving spotted owls." Making matters worse, she
was told that she would have to move to Nanaimo if she wanted to
keep her job.
With Lenihan sidelined and much of her owl work expunged from
government records, it falls to remaining staff to do her job.
But no one is, Lenihan says, at least not with the Ministry of
Water, Land and Air Protection.
"I'm sure there are companies out there doing stuff that would
make me and others pretty upset," Lenihan says from her home.
"But no one's out there watching exactly what they're doing. No
one's monitoring forest harvesting in owl habitat anymore."
Joining Lenihan and Anderson on a list of the disappeared is
another long-time member of the ministry's Surrey environmental
corps, Marvin Rosenau. Rosenau hasn't exactly disappeared but is
in a sort of limbo in which he is no longer doing work as a
frontline fisheries biologist.
After repeatedly speaking out about large-scale valley
subdivision developments, the removal of gravel from the Fraser
River, and the impacts of these on fish habitat, Rosenau was
removed from his position as a fisheries biologist with Water,
Land and Air Protection in Surrey. For the time being, he works
out of the University of British Columbia as a researcher paid
for by the ministry. Where, exactly, Rosenau will be in the
future is unclear. What is clear, however, is that in the next
five years, under a deal announced by the provincial and federal
governments after Rosenau's transfer, up to 2.26 million cubic
metres of gravel could be removed from the Lower Fraser River.
This could prove to be one of the most serious losses to
fisheries habitat in the lower Fraser River in recent decades.
And, at least for now, it will commence with one of the most
consistent and articulate critics of gravel removal
sidelined.
Anderson, Lenihan, and Rosenau all pursued different
disciplines. They all worked for the same ministry out of the
same office. And they all confronted established
interests--Anderson and the Fraser Valley farmers, Lenihan and
the valley's timber barons, and Rosenau and the valley's
developers and gravel industry.
They all performed admirably well. Too well, it seems. In
environmental public service these days, doing well is precisely
the wrong thing to do.